Dumanis ups ante in Sweetwater case

Defendants complain she is campaigning on her case against them

The ad the defendants don't like

Chula Vista  The corruption case against current and former Sweetwater schools officials got more serious Friday, as bribery charges were added to previous offenses that largely centered on paperwork omissions.

Former Superintendent Jesus Gandara, former board member Greg Sandoval and current board members Arlie Ricasa and Pearl Quiñones were issued the additional charges of accepting a bribe to influence their decision-making. They pleaded not guilty.

The defendants’ attorneys raised concerns that their case is being used in political television ads by District Attorney Bonnie Dumanis, who is running for mayor of San Diego. They indicated the ads are influencing potential jurors, and asked for a gag order.

“This is contaminating the jury pool and it’s making it highly unlikely that my clients can get a fair trial in this county,” said former District Attorney Paul Pfingst, representing Gandara.

Judge Michael Smyth said he is uncomfortable ordering that the ads stop airing, but added he was not pleased to hear about the commercials. He said the defense attorneys could bring forward a motion for Dumanis to recuse herself.

Image from District Attorney Bonnie Dumanis ad, touting her corruption prosecutions and saying, "When was the last time you saw the other guys do that?"

Image from District Attorney Bonnie Dumanis ad, touting her corruption prosecutions and saying, "When was the last time you saw the other guys do that?"

One of the ads shows a headline saying “DA charges school officials with corruption” and then shows Dumanis saying, “When was the last time you saw the other guys do that?”

Pfingst, who was unseated by Dumanis in 2002, said an active criminal case had never before been used in a DA’s political campaign.

“This is ongoing paid advertisement directed against our clients in violation of the professional rules of conduct,” he said.

Jennifer Tierney, Dumanis’ campaign manager for mayor, released the following statement in response: “Bonnie Dumanis’ campaign ad is truthful, powerful and effective. We have no plans to change it or stop running it.”

Prosecutors noted in court that they never participate in Dumanis’ political campaigns and head prosecutor Leon Schorr said he had not even seen the commercial.

If Dumanis recused herself, state or federal prosecutors could be assigned to take over the case.

The four defendants charged with accepting bribes on Friday were charged in January with felony counts of perjury and filing false documents. Prosecutors in January said they took meals and other gifts from contractors without reporting them as required on state forms. They have pleaded not guilty.

At the time, Dumanis announced, “It’s the largest public corruption case our office has ever prosecuted — systematic and pervasive.”

Pfingst has chastised Dumanis’s characterization of the case — noting specifically that none of the officials were actually charged with accepting bribes. That situation has now changed.